Would-be Walmart developer challenges Plaquemines Parish moratorium on big-box retailers
A long-simmering dispute between the Plaquemines Parish Council and a developer seeking to bring a Walmart to Belle Chasse finally came to a head Wednesday at a court hearing to decide whether the parish's moratorium on big-box retailers can continue.
View full sizeWalmart has proposed building a store on these 33 acres at the corner of Woodland Highway and Louisiana Highway 23 in Belle Chasse. The site was photographed in January 2011. Moretco Inc. is seeking a preliminary injunction to lift a Plaquemines Parish moratorium that affects large-scale construction in Belle Chasse and to invalidate new zoning guidelines that affect those same developments. Testimony in the suit began on Wednesday in 25th Judicial District Court.
Moretco first sued the parish roughly eight months ago after officials refused to grant the company a building permit for a nearly 200,000-square-foot development near the corner of Woodland and Belle Chasse highways that would include Walmart and several smaller retail establishments. The company dropped its first suit against the parish and met with officials to try to reach an agreement, but filed suit again when those talks failed.
The crux of Moretco's argument, as presented by attorney James Garner, is that the company had applied for a building permit several days before the council introduced a moratorium on big-box retailers in January 2011. A similar parish moratorium had just expired in December 2010.
In his opening statement, Garner argued that new guidelines cannot be applied retroactively, and he said that Councilman Keith Hinkley is opposing the retailer because of political bias and racism. Developers have accused Hinkley of opposing the Walmart to prevent an influx of African-American shoppers from Algiers and Jefferson Parish. The council's attorney, David Waguespack, denied those allegations.
Jeffrey Moore, Moretco's chief executive officer, said that in nearly four decades of doing projects he's never had a government body attempt to stop a project by creating new laws after an application has been filed. He and his partners said that if the council is allowed to get away with this practice, it could be a detriment to economic development throughout Plaquemines, and possibly the state.
"We're all over the place and we've never had someone change the rules midstream," Moore said about the project that he estimates could generate $100 million in revenue by its third year.
Waguespack argued that Moretco is seeking an injunction even though the company has never officially petitioned the council about the project and never received a building permit. Waguespack argued that Moretco took informal meetings with parish officials to represent approval, and that was the company's error, not the parish's.
The council and nearby residents have raised concerns regarding traffic, drainage and neighborhood impact, and he said the question of the race of shoppers was never raised. In fact, after calling that claim false, he noted that Moretco officials never raised the accusation in their initial filings.
"It just came out of nowhere," Waguespack said.
The first day of testimony included statements from Moretco officials and affiliates about their meetings with parish officials, and their sense that the project was fine until concerns were raised by nearby business owners about the potential impact on their companies' bottom lines and the race of shoppers who visit Walmart.
Parish President William Nungesser testified that concerns were raised by Hinkley, in an off-the-record discussion, about the type of shoppers who would visit the store. Nungesser said he supports the development.
The trial is scheduled to resume Thursday.
Allen Powell II can be reached at apowell@timespicayune.com or 504.826.3793.